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ORDINANCE NO. 1590 <br /> SERIES 2011 <br /> AN ORDINANCE AMENDING TITLE 5 OF THE LOUISVILLE MUNICIPAL CODE TO ADOPT <br /> REGULATIONS REGARDING BUSINESS LICENSING AND OPERATIONAL REQUIREMENTS <br /> FOR MEDICAL MARIJUANA BUSINESSES <br /> WHEREAS, Article XVIII, Section 14 of the Colorado Constitution, referred to as <br /> Amendment 20, was approved by Colorado voters in November 2000; and <br /> WHEREAS, Amendment 20 creates a limited exception to the state's criminal laws <br /> for any "patient" or "primary caregiver" in lawful possession of a registry identification <br /> card to engage or assist in the medical use of marijuana and permits physicians to <br /> authorize medical marijuana use for patients who have been diagnosed with debilitating <br /> medical conditions; and <br /> WHEREAS, Amendment 20 prohibits a patient from engaging in the medical use of <br /> marijuana in a way that endangers the health or well -being of any person or in the plain <br /> view of, or in a place open to, the general public; and <br /> WHEREAS, the possession, use, sale, distribution or transportation of marijuana is <br /> still a violation of federal law and, when possessed, used, sold, distributed or transported <br /> for any purpose other than medical use, a violation of state law as well; and <br /> WHEREAS, the Governor on June 7, 2010 signed into law House Bill 10 -1284 (HB <br /> 10 -1284) which provides guidance for local governments to regulate medical marijuana <br /> businesses; and <br /> WHEREAS, HB 10 -1284 outlines multiple options for local municipalities from the <br /> outright banning of medical marijuana businesses to establishing detailed regulation and <br /> licensing requirements; and <br /> WHEREAS, the City of Louisville is a home rule municipal corporation and, in <br /> addition to the authority set forth in HB 10 -1284 and other state statutes, has authority <br /> pursuant to Article XX of the Colorado Constitution and the Louisville Home Rule Charter <br /> to license and regulate businesses, occupations and establishments, and to otherwise <br /> exercise its police and other powers in the interest of the public health, safety and <br /> welfare; and <br /> WHEREAS, the Louisville City Council directed staff to develop a series of <br /> ordinances that will allow certain medical marijuana businesses as a permitted land use <br /> and license them with additional local licensing standards and regulations beyond those <br /> set forth in HB 10 -1284, including without limitation provisions concerning such things as <br /> 1 <br />